Salary increase after 7

[Greysky]

Hi everyone. Another question.
So I have been out of work since I was laid off at the end of last year and it was the final blow that pushed us into BK. I have given our attorney all of the paperwork and I am meeting with him today to start the filing process. We are close on the means test but safe for a chapter 7. On another note it looks like I may be getting a job offer soon which would put us well over the means test. While getting back to work would be awesome I am concerned that it may affect our BK. I will speak to my lawyer about it but I wanted to see if anyone else had any experience with this kind of situation?

[LadyInTheRed]

The means test is based on your income in the 6 months prior to filing BK. So even if you start the job before you file, if you don't wait too long, the means test doesn't have to be an issue. But, if your forward looking schedules I/J show too much income, then the US Trustee could object to a Chap 7 discharge even though you pass the means test because based on "the totality of circumstances" you would be able to fund a Chap 13. If on the date of filing you have only a possibility of a job offer, it shouldn't matter. But, if you accept an offer before filing, it could be an issue. Your attorney might advise you to get your case filed quickly, before you get an offer.

[BKParalegal]

More importantly, when at your 341 meeting, unless you have a valid job offer/raise/promotion etc. in your hand, do not mention the possibility of one. (we all have the possibility of someone offering us a great high paying job regardless of how remote). It could be an invitation for the US Trustee to review your case and delay the closing if not the discharge. Most clients who screw themselves are the ones that ramble at their 341 about everything from they forgot to add their beloved pet on the schedules as an asset to where Jimmy Hoffa was buried. Simple answers are the best answers.

Good Luck

[Greysky]

Thanks BK and Lady. I think this is going to work out. No offer but they just want to keep me in the loop. I may do some part time consulting with them in a month or two after they get set up. We went a head and filed on Friday and our meeting date is early June. Agreed on just giving simple answers to the trustee. I just want to get through this and move on with our lives. We have no savings, no retirement, so we have a lot of catching up to do.